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The Claims Process & What Works For You

Depending on the amount of your claim you options may vary.

Claims up to $10,000 are heard in the Small Claims Division of the Local Court.

Claims more than $10 000 and up to $100 000 are heard in the General Division of the Local Court.

And Claims more than $100 000 are heard in the District Court or the Supreme Court.

Obviously if you are looking at our website, you have exhausted all efforts in recovering your debt.

Your next step is to decide what action to take.

Your first step of a recovery is a:

 

Letter Of Demand. This letter will outline to the creditor the amount due to the creditor and if contact is not made within a time frame (usually 7 days) further legal action will ensue which will incur further fees and charges.

 

Field Call is a great option. If you are not sure the debtor is still located at the given address, it’s best to conduct a Field Call to ensure you have the right location. In the event the debtor is located at the given address they may be willing to settle the debt with the Agent, however if the debtor is choosing to be unco-operative and refuses to acknowledge the debt then you can issue a Statement of Claim.

 

Statement Of Claim is a document filed with the Civil Court outlining the detail of your claim. Once this document has been lodged with the Courts and you have a Case Number, it can be served. Once the debtor has been served they then must make contact with the courts or the Legal Representative which will be provided on the Statement Of Claim. If the debtor makes no contact then you can apply for Default  Judgment.

 

Default Judgment is when the courts acknowledge there is monies owed from the Defendant to the Plaintiff. Once this document is lodged with the Courts we will then service the Default Judgment document on your behalf. If the Debtor still chooses to not respond to this document several options are available.

 

Examination Notice or an Examination Order. This document means that the Debtor must attend court and supply all relevant financial details in relation to their income, assets and liabilities. The Debtor will need to attend court for this to occur. If the Debtor chooses not to attend court we can request a Warrant be issued. There is one last option if you know where your debtor works and that is a Garnishee Order.

 

Garnishee Order is where the courts order a Third Party usually an employer or Financial Institution to pay the Creditor direct out of their wages. If the debt is greater than $5000 you can apply to have the Debtor Bankrupt. This can only occur if you have completed all of the above. For more information we encourage you to visit Law Access @ www.lawaccess.com.au.